After K1 marriage, how long for work or school?

[dattilotech 0]

Hello;

My finance & I are hoping to marry late Mich. summer, or early fall. I haven't looked into this, but how long is it before she could work in U.S., or take some community college courses after we're married?

Thanks,

Rob & Jel _D

[loughrey101 13]

Hello;

My finance & I are hoping to marry late Mich. summer, or early fall. I haven't looked into this, but how long is it before she could work in U.S., or take some community college courses after we're married?

Thanks,

Rob & Jel _D

She'll have to apply for a work permit once she enters the country and then apply for a green card once you get married. The process for granting these permissions does not take very long.

[KayDeeCee 4,893]

Hello;

My finance & I are hoping to marry late Mich. summer, or early fall. I haven't looked into this, but how long is it before she could work in U.S., or take some community college courses after we're married?

Thanks,

Rob & Jel _D

After you marry, she will file for AOS and that is when she will apply for EAD(work) and AP(travel) as well. Those 2 form fees are waived when filed with a pending I-485 for adjustment. It takes about 2-3 months to receive EAD/AP after filing. She can probably attend school even before the green card approval but you will probably have to pay higher tuition rates. Check with the school she plans to attend to find out their procedures and requirements. AOS guide> http://www.visajourney.com/content/k1k3aos

She'll have to apply for a work permit once she enters the country and then apply for a green card once you get married. The process for granting these permissions does not take very long.

This is not correct. You apply for the EAD at the same time as you apply for AOS, not before it. You can do it before, if you want to waste $380 and have an EAD that expires when your I-94 does, making it useless. Also, I am not sure what you define as 'not take very long', but those who have been waiting for their green card approvals for almost a year or more might disagree with you.

[loughrey101 13]

After you marry, she will file for AOS and that is when she will apply for EAD(work) and AP(travel) as well. Those 2 form fees are waived when filed with a pending I-485 for adjustment. It takes about 2-3 months to receive EAD/AP after filing. She can probably attend school even before the green card approval but you will probably have to pay higher tuition rates. Check with the school she plans to attend to find out their procedures and requirements. AOS guide> http://www.visajourney.com/content/k1k3aos

This is not correct. You apply for the EAD at the same time as you apply for AOS, not before it. You can do it before, if you want to waste $380 and have an EAD that expires when your I-94 does, making it useless. Also, I am not sure what you define as 'not take very long', but those who have been waiting for their green card approvals for almost a year or more might disagree with you.

It is correct, a K1 visa holder does have permission to apply for an EAD as soon as they enter the country and I know people who have done that. The catch of course is that you have to apply again during the AOS application. But some have done the prior process because they needed to support themselves as soon as they entered the country because marriage preparations can take quite some time (a Catholic couple, for example, neesd marriage preparation classes which can take some time).

[KayDeeCee 4,893]

She'll have to apply for a work permit once she enters the country and then apply for a green card once you get married.

It is correct, a K1 visa holder does have permission to apply for an EAD as soon as they enter the country and I know people who have done that. The catch of course is that you have to apply again during the AOS application. But some have done the prior process because they needed to support themselves as soon as they entered the country because marriage preparations can take quite some time (a Catholic couple, for example, neesd marriage preparation classes which can take some time).

What you said is NOT correct. She will NOT have to apply for the EAD when she enters the US. Of course a K-1 holder CAN apply for it before AOS. I already stated that. It will cost you $380 to apply before AOS and it takes 2-3 months to receive it. It is only good until the I-94 expires, so you do the math. Even if you had any time left before it expired, you would have to get a job and then quit it as soon as the EAD expired. There is no time to 'support yourself' with it. Also, they are suppose to have a USC sponsor that makes enough to take care of their expenses while they are waiting to be able to work. It is a pointless waste of $380. When someone files for the EAD at the same time as AOS, then there is no fee and the EAD is good for a year. You can simply get married and file for AOS including the EAD and AP as soon as you get a copy of your certified marriage certificate from the court.

If someone needed to work right away, then the K-1 is not for them. They should get married and aply for a CR-1 instead. That way they would be a permanent resident as soon as they entered the US.

Edited July 1, 2013 by Jay-Kay

[NikLR 13,227]

Also any marriage prep should be done before the K1 visa holder enters the country. You normally have 6 months from either interview or medical (it varies by country) in which to enter but only 90 days to get married AFTER entry. Everything should be taken care of except last minute details unless you are planning on a small wedding or civil ceremony.

[Hank_ 9,174]

Hello;

My finance & I are hoping to marry late Mich. summer, or early fall. I haven't looked into this, but how long is it before she could work in U.S., or take some community college courses after we're married?

Thanks,

Rob & Jel _D

In regards to working, follow the advice from Jay-Kay... the other advice.. not so.

As for taking classes at the community college, I don't believe there is any issue with attending classes while waiting for AOS.

[TBoneTX 44,679]

It is correct, [...]

Please avoid giving inaccurate advice.

[loughrey101 13]

Please avoid giving inaccurate advice.

Well you obviously don't understand the process because even Jay-Kay agreed that you can indeed apply for a work permit prior to marriage. I personally know a couple from Ireland who did that because they needed to support themselves in that 3 months and she could not support her fiance on her income. The reason people do not do it is because the process can be long, expensive and not worth it because you have to reapply during the adjustment of status. K1 Visa grants the holder a legal right to apply for a work permit within the 90 days, although most people don't. What is inaccurate? Please get your facts straight before you accuse me or anyone here of being inaccurate.

If you don't believe me then maybe you will believe an attorney:

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-22.html

[TBoneTX 44,679]

Here and in at least one of your other posts, you speak theoretically. The visa journey is one of hard, functional, practical reality. Many hours have been spent in the last several years by experienced VJ members to correct "theoretical" realities that are useless or a waste of money in practice. I know that if I were new to the immigration process and an unwashed VJ member, I would not appreciate being confused by functionally impractical advice from someone who proffers grandiose-sounding "realities" that are useless in practice.

If it's impractical or a financial waste to apply for an EAD that might be good for a few days at best (which it is), and if holding a religious wedding ceremony might risks the wrath of the consulate (which it most certainly has), what possible good does it do for ANY VJ member to bring up that these actions are theoretically possible? Please answer this convincingly before arguing further theoretical points.

Example: Just about no consulate formally states, in print, that the U.S. petitioner's presence is required if the visa has a chance of being approved at the beneficiary's interview. This has led a great many VJ members to say "No, you (the petitioner) do not have to be there." In practice, it's quite valuable for the petitioner to be on the consular premises or just outside, and at some consulates, the visa has not a snowball's chance in hell of being approved if the petitioner isn't there. Would you still argue that "the petitioner need not be on or near the premises during the beneficiary's interview"?

In terms of activity on this forum, Jay-Kay currently happens to be (arguably) our premier member in offering complete, accurate advice -- and in responding patiently to patently uninformed or ludicrously inaccurate posts. If you disagree with her content or tone, or with mine, you're encouraged to hit the "report" button at the low right of any of our posts, and let the VJ Moderation team pass judgment. Thank you for your kind consideration.

Edited July 2, 2013 by TBoneTX

[KayDeeCee 4,893]

Well you obviously don't understand the process because even Jay-Kay agreed that you can indeed apply for a work permit prior to marriage. I personally know a couple from Ireland who did that because they needed to support themselves in that 3 months and she could not support her fiance on her income. The reason people do not do it is because the process can be long, expensive and not worth it because you have to reapply during the adjustment of status. K1 Visa grants the holder a legal right to apply for a work permit within the 90 days, although most people don't. What is inaccurate? Please get your facts straight before you accuse me or anyone here of being inaccurate.

If you don't believe me then maybe you will believe an attorney:

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-22.html

Whoa... I do NOT agree with you. I already knew long before you came along that you ARE eligible to file for the EAD before AOS. That does not mean anyone SHOULD. TBone knows this process far better than you. You have not even had your K-1 interview yet, but you know all about the process and continue to give misinformation, bad advice and 'correct' others that already gave the actual correct answer to begin with. Telling someone they have to apply for work permission as soon they enter is definitely inaccurate. It was also inaccurate to say approval for the green card does not take very long. Just check the AOS timelines to see how many would greatly disagree with your assessment there.

Apparently you did not read what I posted above, or you just choose to ignore certain things. You have selective reading skills kind of like people that have selective hearing? I will repeat it then because filing for the EAD is allowed, but it is a pointless waste of time and money. It is completely incorrect to tell someone they have to file for the EAD right after they enter, and it is simply bad advice to tell anyone they should do it that way just because they are eligible to on a K-1.

It will cost you $380 to apply before AOS and it takes 2-3 months to receive it. It is only good until the I-94 expires, so you do the math. Even if you had any time left before it expired, you would have to get a job and then quit it as soon as the EAD expired. There is no time to 'support yourself' with it. Also, they are suppose to have a USC sponsor that makes enough to take care of their expenses while they are waiting to be able to work. It is a pointless waste of $380. When someone files for the EAD at the same time as AOS, then there is no fee and the EAD is good for a year. You can simply get married and file for AOS including the EAD and AP as soon as you get a copy of your certified marriage certificate from the court.

If someone needed to work right away, then the K-1 is not for them. They should get married and aply for a CR-1 instead. That way they would be a permanent resident as soon as they entered the US.

[loughrey101 13]

Whoa... I do NOT agree with you. I already knew long before you came along that you ARE eligible to file for the EAD before AOS. That does not mean anyone SHOULD. TBone knows this process far better than you. You have not even had your K-1 interview yet, but you know all about the process and continue to give misinformation, bad advice and 'correct' others that already gave the actual correct answer to begin with. Telling someone they have to apply for work permission as soon they enter is definitely inaccurate. It was also inaccurate to say approval for the green card does not take very long. Just check the AOS timelines to see how many would greatly disagree with your assessment there.

Apparently you did not read what I posted above, or you just choose to ignore certain things. You have selective reading skills kind of like people that have selective hearing? I will repeat it then because filing for the EAD is allowed, but it is a pointless waste of time and money. It is completely incorrect to tell someone they have to file for the EAD right after they enter, and it is simply bad advice to tell anyone they should do it that way just because they are eligible to on a K-1.

It will cost you $380 to apply before AOS and it takes 2-3 months to receive it. It is only good until the I-94 expires, so you do the math. Even if you had any time left before it expired, you would have to get a job and then quit it as soon as the EAD expired. There is no time to 'support yourself' with it. Also, they are suppose to have a USC sponsor that makes enough to take care of their expenses while they are waiting to be able to work. It is a pointless waste of $380. When someone files for the EAD at the same time as AOS, then there is no fee and the EAD is good for a year. You can simply get married and file for AOS including the EAD and AP as soon as you get a copy of your certified marriage certificate from the court.

If someone needed to work right away, then the K-1 is not for them. They should get married and aply for a CR-1 instead. That way they would be a permanent resident as soon as they entered the US.

Please don't even insult me by questioning my reading skills or I will ask you to compare our educational qualifications and that won't be very nice for you, I'm very sure of that!

So please just back off, I don't insult you, please don't insult or mock me. I meant that you agreed that, as you say, K1 visa holders are eligible for EAD. From how I read the other guy, it seemed he was suggesting that my claim that a K1 holder does have permission to apply for a work visa was inaccurate since that was the part he quoted of me. K1 holder do indeed have the legal right to apply, how practical it is is another story - I agreed with you on what you said about the practicalities. I did not come here to fight, I'm just trying to be helping like people are to me. I agree, I could have worded it better because it would seem as if I was suggesting that there is no other option but to apply as soon as you get there, and I apologise for that. I agree with everything you say here, I always have. We had concluded already yesterday that I concede and agree with you about the viability of my suggestion.

[TBoneTX 44,679]

1. Please don't even insult me by questioning my reading skills or I will ask you to compare our educational qualifications and that won't be very nice for you, I'm very sure of that!

2. how practical it is is another story - I agreed with you on what you said about the practicalities.

3. I'm just trying to be helping like people are to me. I agree, I could have worded it better

1. All that matters is educational qualifications in regard to the immigration process. The others are irrelevant.

2. "How practical it is" is the only story.

3. When we're new, we don't know what we don't know. Please ruminate on that, and perhaps in the future your wording will improve to the point where what you say could not possibly be misinterpreted and could not possibly mislead anyone else. A good self-guide is, "If everyone on VisaJourney followed exactly what I say, what is the worst outcome that might result?"

Peace.

Edited July 2, 2013 by TBoneTX

[loughrey101 13]

1. All that matters is educational qualifications in regard to the immigration process. The others are irrelevant.

2. "How practical it is" is the only story.

3. When we're new, we don't know what we don't know. Please ruminate on that, and perhaps in the future your wording will improve to the point where what you say could not possibly be misinterpreted and could not possibly mislead anyone else. A good self-guide is, "If everyone on VisaJourney followed exactly what I say, what is the worst outcome that might result?"

Peace.

Insults and mockery have no place in society in general much less the immigration process! If a person cannot discuss things and argue about information in a positive, constructive, and respectful manner then I am not interested in discussing with that person. I did not come here to fight with anyone and I certainly didn't deliberately intend on misinforming anyone. I'm here to learn and to help others, if I get something wrong I'm sure there are nice people here who can respectfully point out the mistake and make the correction. If we disagree on certain things it fruitful to debate and argue about that thing in a respectful manner because that logically should yield knowledge. We are all here to help one another through the process. I agreed that it is not very practical with Kay-Jay yesterday and I agreed with her in general. Despite how impractical it is it is nevertheless a possibility that some have taken within their legal right and worked okay for them, it's not impossible. Peace.

[KayDeeCee 4,893]

Please don't even insult me by questioning my reading skills or I will ask you to compare our educational qualifications and that won't be very nice for you, I'm very sure of that!

So please just back off, I don't insult you, please don't insult or mock me. I meant that you agreed that, as you say, K1 visa holders are eligible for EAD. From how I read the other guy, it seemed he was suggesting that my claim that a K1 holder does have permission to apply for a work visa was inaccurate since that was the part he quoted of me. K1 holder do indeed have the legal right to apply, how practical it is is another story - I agreed with you on what you said about the practicalities. I did not come here to fight, I'm just trying to be helping like people are to me. I agree, I could have worded it better because it would seem as if I was suggesting that there is no other option but to apply as soon as you get there, and I apologise for that. I agree with everything you say here, I always have. We had concluded already yesterday that I concede and agree with you about the viability of my suggestion.

I could not care less about your educational background, nor can I understand why anyone else would ever care here. You can share if you like, but I can assure you it will not insult me in the least. I did not insult your reading skills, by the way. I stated that you seem to have selective reading skills. Those two things are not the same.

You kept going on and on about how someone on a K-1 is eligible to file for the EAD before AOS. That is already an established fact, as was pointed out several times. That was not what was inaccurate, as was also pointed out.

It does not help anyone to give out bad advice. The practicabilities are indeed what counts. It is not helpful to tell someone to spend $380 on something that takes 60-90 days to receive and will expire when their 90 day I-94 does. It is much more helpful to let them know it is a waste of money for something that ends up being impractical because you have no time to actually put it to use. Then, explain that the fees for the I-765 and I-131 are waived when filed with a pending I-485, and the EAD/AP combo card that you will receive will be good for a year and is much more useful to use while waiting for the green card approval.

The fees should be known to people up front. They should also know that if you go the K-1 route, you will have a period of a few months where you cannot work while waiting on the EAD. You should either get married right away and send off the AOS paperwork as soon as possible, or skip the K-1 and go the CR-1 route instead so you are eligible to work as soon as you enter the US.